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Mitch McConnell: Doing the Least He Can Possibly Do

Lest anyone think that Mitch McConnell hasn’t been paying attention to the judicial vacancy crisis or the Americans who pay the price when their cases are delayed or relocated, today everything changed: today Senator McConnell allowed a vote on … one judicial nominee!
PFAW

People For the American Way's New Spanish-Language Radio Ad Calls Out Marco Rubio

In anticipation of Marco Rubio’s announcement that he is running for President, People For the American Way launched a Spanish-language radio ad criticizing Rubio for his dangerous agenda that ignores the interests of working families, including Latinos. The ad makes clear how Rubio is no different from the rest of the GOP; his far-right positions should disqualify him from the Presidential ticket.

The ad runs this week, starting Monday morning, on Spanish-language radio stations in Miami, FL and Denver, CO.

Listen to the radio ad here:

You can find full Spanish and English transcripts here.

PFAW

Lindsey Graham Says We Need an Amendment to Fix Money in Politics

At an event with a local television station in New Hampshire this weekend, Sen. Lindsey Graham was asked a question about what he would do to fight big money in politics. In his response, Graham pointed to the need for a constitutional amendment to address the Supreme Court’s ruling in Citizens United:

Well, Citizens United has gotta be fixed. Y'all agree with that? You're gonna need a constitutional amendment to fix this problem. I was for McCain-Feingold, the Supreme Court ruled 5-4 that provisions in McCain-Feingold basically no longer apply.

You're gonna get sick of watching TV in New Hampshire. So the next President of the United States needs to get a commission of really smart people and find a way to create a constitutional amendment to limit the role of super PACs because there's gonna be like $100M spent on races in New Hampshire — which'll be good for this TV station — ripping everybody apart. You don't even know who the people are supplying the money, you don't even know their agenda. Eventually we're gonna destroy American politics with so much money in the political process cause they're going to turn you off to wanting to vote. [emphasis added]

This is not the first time Sen. Graham has spoken out against the big money takeover of our elections. In March, Bloomberg’s David Weigel wrote about a comment Graham made to a voter — again, in New Hampshire — about his desire to see some “control” over money in politics so it won’t “destroy the political process.”

While voicing support for an amendment is important, when the Senate voted in September on the Democracy for All Amendment, a proposal that would overturn decisions like Citizens United and help get big money out of politics, Sen. Graham voted against it.

So here’s a follow-up question for Sen. Graham: Will you back up your words with action? Will you work with your colleagues in Congress who are already pushing for an amendment and help tackle the issue of big money in politics? 

PFAW

The GOP Finally Allows a Judicial Confirmation Vote

Later today, the Senate is scheduled to vote to confirm Alfred Bennett to the Southern District of Texas. But if McConnell is expecting congratulations, he should expect to wait a long time … just as he forces judicial nominees to wait for a confirmation vote.
PFAW

Maryland Passes Bill Bolstering Voting Rights for Formerly Incarcerated People

Today the Maryland legislature passed a bill that would allow people to regain the right to vote as soon as they are released from prison. The legislation rights a wrong in current Maryland law, which denies people voting rights until their entire sentence has been completed, including probation and parole. Without this bill, thousands of formerly incarcerated Marylanders — many of whom are people of color — will continue to be needlessly forced to stay home on Election Day.

PFAW activists in Maryland and members of PFAW’s African American Ministers In Action have been working with allies to help change this, calling their state representatives and urging them to support the immediate restoration of voting rights.

Disenfranchising those who have served their time in prison hampers the process of reintegration and shamefully blocks thousands of Americans from participating in elections. It worsens the discrimination already faced by formerly incarcerated people — who pay taxes, work, and contribute to their communities — and it weakens our democracy.

Passage of this bill is a big step forward in the movement for voting rights for all. Now it’s up to Maryland Gov. Larry Hogan to sign it and help make the state’s democratic process as fair and accessible as possible.
 

PFAW

Warren Buffett: Citizens United Pushes U.S. Toward a Plutocracy

In a wide-ranging interview with CNN’s Poppy Harlow released this week, Warren Buffett had some strong words about Supreme Court decisions like Citizens United that have handed increasing political power to the super-rich. Responding to a question about income inequality, Buffett raised the issue of money in elections:

With Citizens United and other decisions that enable the rich to contribute really unlimited amounts, that actually tilts the balance even more toward the ultra-rich…The unlimited giving to parties, to candidates, really pushes us more toward a plutocracy. They say it’s free speech, but somebody can speak 20 or 30 million times and my cleaning lady can’t speak at all.

Watch the interview clip here:

PFAW

Half a Million Americans Urge President Obama to Shine a Light on Dark Money

This afternoon activists from PFAW and ally groups participated in a petition delivery at the White House calling on President Obama to issue an executive order requiring corporations that receive government contracts to disclose their political spending. More than 550,000 petition signatures were delivered in support of this executive order, collected by a collaborative effort of more than 50 organizations.

In addition to leaders from organized labor, civil rights, environmental and consumer protection groups, PFAW Director of Outreach and Public Engagement Diallo Brooks (pictured below), was one of the individuals to speak at the event. Highlighting the fact that transparency is essential to accountability, Mr. Brooks and other speakers reiterated the strong message sent by the half a million petition signers.

President Obama has shared his support for reform on numerous occasions. Most recently, in his State of the Union address this January, the president called attention to the issue by speaking out against “dark money for ads that pull us into the gutter.” Obama went on to call for a “better politics.”

Rallies like the one held in Washington today also occurred in nearly 60 cities across 28 states, all encouraging the president to use his authority and issue an executive order to help bring about that “better politics.”

Have you added your name to the petition yet?

 

PFAW

Fighting against Big Money in Politics: The One Year Anniversary of McCutcheon v. FEC.

Today, April 2nd, marks the one year anniversary of the Supreme Court decision, McCutcheon v. FEC. The Supreme Court ruled in a 5-4 decision to remove limits on the total amount of spending an individual could contribute over a two year period to a federal level candidates, parties, or political action committees. Previously, the law limited the amount of money an individual could spend to $48,600 for individual candidates or $74,600 to a party or political action committee over a biannual period. The plaintiff in the case, Shaun McCutcheon, claimed that the limit on political spending was a violation of his First Amendment right to freedom of speech. Using a severely cramped definition of the type of corruption that campaign finance limitations can legitimately address, Chief Justice John Roberts wrote “Congress may target only a specific type of corruption—‘quid pro quo’ corruption . . . Spending large sums of money in connection with elections, but not in connection with an effort to control the exercise of an officeholder’s official duties, does not give rise to quid pro quo corruption. Nor does the possibility that an individual who spends large sums may garner ‘influence over or access to’ elected officials or political parties”. The court, agreeing with McCutcheon, said that having limits on aggregate spending and campaign contributions was unconstitutional and a violation of the First Amendment.

The impact the McCutcheon v. FEC decision had on the 2014 elections was enormous. There was no longer an aggregate restriction on the amount of money an individual could give to candidates, parties and political committees. One of the biggest impacts of the court’s decision was the expansion of joint fundraising committees as fundraising tools. Joint committees are committees where candidates can combine their separate committees, party committees, and PAC’s into one single committee that fundraises together. As a result, nearly four billion dollars was given to candidates, parties, and political action committees combined, the most money ever spent in any midterm election. In 2014, out of the ten Senate races where the most money was spent on candidates, six of them finished within a ten point margin of victory, while in the ten House races where the most money was spent on candidates in 2014, seven of them ended within a five point margin of victory.

The McCutcheon decision has solidified the need for a constitutional amendment because big donors can now give virtually unrestricted amounts of money to influence elections. This money is used to produce television ads for or against candidates, send out direct mail attacking opponents, and to boost a candidate’s own credentials. Such dependence on campaign cash results in our elected officials becoming further beholden to the big donors interests instead of their constituents.

 Fortunately, a nonpartisan movement is growing to get big money out of politics and overturn Supreme Court decisions like McCutcheonand Citizens United. Sixteen states, over 600 towns and cities, and over five million people have already gone on the record in support of a constitutional amendment that levels the political playing field and reduce the influence big money in our political system.

PFAW

Arkansas Governor Does Only a Partial Retreat on RFRA

Gov. Hutchinson's call for a RFRA bill paralleling the federal one still leaves the door open to discrimination, thanks to the Hobby Lobby ruling.
PFAW

Gov. Pence's Claims Ignore Indiana "Religious Freedom" Law's History

Indiana's Mike Pence is less than convincing in his claims about that state's new RFRA law.
PFAW

Hobby Lobby Comes Home to Roost as States Consider "Religious Freedom" Legislation

This op-ed was originally published at The Huffington Post.

Over the last twenty years, 19 states have passed laws modeled on the federal Religious Freedom Restoration Act (RFRA), which was enacted in 1993 with broad bipartisan support. But just this year, almost the same number, 15, have seen such bills introduced, generating enormous controversy across the country, particularly in Indiana where Gov. Mike Pence signed the new state RFRA into law.

Why the huge uptick now? As one of those involved in the original drafting and passage of RFRA in 1993, I think it's a combination of the perceived dangers to the far right from the move towards LGBT marriage equality and the perceived opportunity created just last year by the 5-4 Supreme Court's rewriting of RFRA in Burwell v. Hobby Lobby.

Even before the Supreme Court agreed to decide the marriage equality issue, the far right has highlighted the supposed dangers to small businesses like bakers and florists who do not want to serve LGBT couples because of religious objections. Under RFRA as passed in 1993, and under the protection from the First Amendment's Free Exercise doctrine that it was meant to restore, RFRA wouldn't have offered much help. First, neither had been applied to non-religious corporations, which had never been thought to have religious freedom rights. Second, it would have been very hard to argue that a neutral law banning discrimination against LGBT people would have created a "substantial burden" on actual religious exercise, which is required to qualify for a RFRA-type exemption. For example, in one case the Supreme Court rejected the claim that requiring federal welfare recipients to submit social security numbers was such a burden even when it conflicted with an applicant's religious beliefs. And even if such a burden were created by obeying an anti-discrimination or other general law, pre-Hobby Lobby law would not have helped a religious claimant: as the Court ruled in rejecting a religious exemption to a requirement that a religious farmer withhold social security taxes, such an exemption would improperly "operate to impose the employer's religious faith on the employees" and others.

But then came Hobby Lobby.

In that case, writing for a bare majority of the Court, Justice Alito ruled that religious objections by a corporation's owners exempted them under RFRA from providing contraceptive coverage through insurance to employees under the Affordable Care Act. As Justice Ginsburg explained in dissent, rather than interpreting RFRA to restore prior case law, the majority interpreted it as going beyond prior Court decisions to maximize benefits to religious claimants. In particular, she explained, the Court effectively re-wrote RFRA so that it could be invoked by for-profit corporations, and so that the original law protecting individuals against a "substantial burden" on the exercise of religion was transformed to allow claims by a business owner that complying with a neutral law offended their religious beliefs in some way. Under the majority's view, Justice Ginsburg suggested, RFRA could be interpreted to "require exemptions" in cases where religious beliefs were used to justify actions that discriminated on the basis of race, gender, and sexual orientation. Pointedly, Justice Alito responded only that "prohibitions on racial discrimination" would be safe from a RFRA exemption claim, but said nothing about gender or LGBT status.

So for far-right activists and legislators concerned about LGBT marriage equality and other rights, Hobby Lobby provided the perfect opportunity: pass state RFRA laws and effectively grant a religious exemption claim from LGBT anti-discrimination laws and local ordinances, based on the Court's re-writing of RFRA's language. Indeed, in communicating with supporters about the Indiana RFRA law, the far-right Family Research Council specifically called it the "Hobby Lobby bill."

Even better, rhetoric directed at outsiders could be cloaked in general language about protecting religious freedom, not attacking LGBT rights. Supporters could even invoke Democratic supporters of RFRA like President Clinton and claim that neither RFRA nor its state counterparts had been interpreted to allow discrimination, as Indiana Gov. Pence has tried to do. These claims ignore the fact that it wasn't until last year that the Supreme Court effectively rewrote the language in RFRA so that it was transformed from a shield for religious liberty into a sword against anti-discrimination protections. And previous supporters like President Clinton have made clear their opposition to this year's state RFRA proposals.

Under pressure, the neutral façade of recent state RFRA proposals has crumbled. When pushed to amend a state RFRA proposal in Georgia to make clear that it could not be used against anti-discrimination ordinances, a Georgia legislator admitted that one of the reasons for the bill was to allow it to be invoked by the small business owner who had religious objections to providing services to an LGBT couple. And when an amendment was added in the Georgia House Judiciary Committee to state that the RFRA bill was not to be used against discrimination laws, the bill was promptly tabled on March 26, with a supporter stating that the amendment would "gut" the bill.

As of now, the fate of RFRA bills in Georgia and elsewhere is uncertain and Gov. Pence has asked the legislature for an amendment to "clarify" that Indiana's RFRA law cannot be used to deny services to anyone. That would be a welcome step - one that flies in the face of the clear intent of some of the bill's backers, which was clearly to enshrine such a "right" for Indiana businesses. Language has been adopted elsewhere to make clear that state RFRAs cannot be used against anti-discrimination bills; such a provision is currently in Texas' RFRA, although there is a proposal to remove it. Before Hobby Lobby, such language might not have been necessary. After Hobby Lobby, it is crucial.

PFAW

State Money In Politics Reform Victories Show Growing Strength of Movement

While likely presidential candidates chase billionaires they hope will bankroll their campaigns, activists in states across the country are ramping up a very different kind of campaign: grassroots organizing to restore some common sense to the rules governing money in elections. In March alone, we’ve seen significant victories in the movement to get big money out of politics.

Last week, following sustained advocacy by PFAW activists and allies, the New Hampshire Senate unanimously passed a bill in favor of a constitutional amendment to overturn cases like Citizens United v. FEC. If it passes in the House, New Hampshire will become the 17th state calling for an amendment. PFAW’s New Hampshire Campaign Coordinator Lindsay Jakows, who has been leading our on-the-ground effort in the state, said the vote shows that “our state senators are listening to, and responding to, the voices of their constituents.” And after passing 67 town resolutions in support of an amendment – including 11 just this month – the voices of New Hampshire constituents on this issue are crystal clear.

On the other side of the country, local leaders in Washington and Montana are also making important strides. Earlier this month, Washington’s state Senate unanimously passed a disclosure bill that would expose the spending of some of the largest political donors. PFAW activists in the state made calls to their senators, urging them to vote for the bill to strengthen transparency in Washington’s politics. And in Montana a disclosure bill that would help shine a light on “dark money” in state elections passed in the state House this weekend following calls from PFAW activists.

All of these victories share the same core ingredient: people power.

The sustained drumbeat of calls and emails from local advocates, which led to important wins in three states just this month, show what’s possible when grassroots leaders organize to take their democracy back from corporations and billionaires.

PFAW

Shining a Light on Corporate 'Dark Money'

This op-ed was originally published at OtherWords.com.

If 2014 was the “Year of Dark Money” in elections, then 2016 is likely to be the “Year of Way, Way More Dark Money” — that is, unless something big changes soon.

One of the most troubling aspects of the explosion of big money in politics in recent years is the rapid rise in spending by groups that aren’t required to disclose their donors.

Right now, corporations and super-rich political donors like the Koch brothers can funnel millions into elections through groups that hide their identities, leaving voters and candidates unable to tell who’s behind the attack ads they buy in bulk, or what their agendas are.

More than $600 million of this so-called “dark money” has already been poured into our federal elections, and that’s only going to increase as we ramp up for the next presidential race.

Americans aren’t happy about this.

When President Barack Obama called in January for a “better politics” where “we spend less time drowning in dark money for ads that pull us into the gutter,” he wasn’t just speaking for himself.

He was tapping into a deep-seated unease among everyday Americans who know that our political system can’t work for us when it’s awash in millions of dollars of untraceable money.

But President Obama can do more than simply call attention to the problem. He can take a big step toward fixing it by issuing an executive order requiring companies with government contracts to disclose their political spending.

That would mean that many of the nation’s biggest corporations — like Exxon Mobil, Lockheed Martin, AT&T, Chrysler, and Verizon, just to name a few — would have to let the American people know about their political spending. That would turn some of that dark money into plain old “money.”

As The Washington Post editorial board wrote earlier this year, disclosure is “the backbone of accountability.” The public needs to be able to follow the money trail, see who’s behind political spending, and call them out when they don’t like what they see.

Even the Supreme Court’s conservative majority, which opened the floodgates to unlimited corporate political spending with its 2010 Citizens United decision, has underscored the need for disclosure. Transparency, wrote Justice Anthony Kennedy in the ruling, “enables the electorate to make informed decisions and give proper weight to different speakers and messages.”

Today, only one-fourth of the country’s largest government contractors disclose their contributions to outside groups. That means that many of the corporations receiving the biggest government contracts — from taxpayer money — are likely doing a great deal of secret spending to influence elections.

President Obama is right: Ordinary Americans are tired of being pulled “into the gutter.” We’re tired of seeing corporations rig our political system with untold amounts of money from undisclosed sources.

The White House should issue an executive order to let voters see for themselves who’s trying to buy political influence to distort our democracy.

What are these corporations trying to hide? And why should We the People hand over our taxpayer money to help them hide it?

PFAW

PFAW Calls Out Ted Cruz for His Doublespeak on Immigration

If Ted Cruz is so proud of his anti-immigrant stance, why won't he talk about it in Spanish?

In launching his campaign this week, Ted Cruz released an English-language video celebrating both his immigrant history and his work “putting everything on the line to stop President Obama’s illegal and unconstitutional amnesty.” But in the Spanish-language version, Cruz again celebrates his immigrant history, but makes no mention of his anti-immigrant leadership.

 

Read People For the American Way's statement calling out Cruz for his doublespeak.

PFAW

Payday Loan Interests Funneled Dark Money into Fight Against Oversight

On Tuesday the Huffington Post’s Paul Blumenthal revealed that in 2012, the Online Consumers Network, an “arm of the online payday loan empire industry,” gave $200,000 to two dark money groups connected to top House Republicans during the industry’s push to roll back the power of the Consumer Financial Protection Bureau.

In other words, two years after the Citizens United decision that allowed for unlimited outside spending to influence elections, payday loan interests were funneling dark money political spending to benefit officials who could help in their efforts to fight oversight and regulation.

While this is far from surprising in light of the current state of our campaign finance laws, it flies in the face of how regulation should work. From the chemical industry ramping up political spending as Congress takes up a bill overhauling the regulation of chemicals, to the payday loan industry throwing money against oversight efforts, industry interests should never be driving the legislative or regulatory process. The public good should be.

Fighting to make governmental action about protecting ordinary Americans rather than protecting the bottom line of major corporations shouldn’t be controversial. It’s simply expecting our political system to work as it was intended: for the people.
 

PFAW

GOP's Delay for Loretta Lynch Gets More Ridiculous By the Day

If anyone had said four months ago that we’d still be waiting for the Senate to hold a confirmation vote for Loretta Lynch, no one would have believed it.  Yet here we are.  Although she was approved by the Judiciary Committee three weeks ago, Mitch McConnell just can’t bring himself to schedule a floor vote for her.

Lynch is supremely qualified to be AG.  Progressives and conservatives alike have written to the Senate praising Lynch and urging her confirmation.  In fact, not a single one of the Republicans’ own witnesses at her confirmation hearing actually opposed her confirmation.

Yet Republicans in the Senate continue to make a partisan brawl out of a consensus nomination.

Until now, regardless of which party was in the White House or in control of the Senate, the attorney general nominee has gotten a confirmation vote very quickly upon committee approval.  But Lynch’s nomination has been languishing on the Senate floor for nearly three weeks, longer than the wait-time for the past five attorney general nominees combined.

McConnell has jettisoned his promise to allow a vote this week.  At the beginning of next week, Lynch will have been waiting for a floor vote as long as the previous seven attorneys general combined:

Click chart for larger image.
Chart: Loretta Lynch vs. other attorney general confirmations

McConnell’s latest excuse for delay is that the Senate needs to vote on a human trafficking bill first … a bipartisan bill that Republicans politicized by inserting an anti-choice provision.

The Lynch nomination was a great opportunity for Republicans to show the American people that they can govern.  Instead, they’ve shown the American people that they won’t pass up any opportunity to play politics, as they pile unheard-of delay after delay on the person who should already have been confirmed as our nation’s first African American woman attorney general.

PFAW

Signs of Progress on Voting Rights for Formerly Incarcerated Persons

It's fitting that Maryland is showing signs of progress just as its US Senators are reintroducing the Democracy Restoration Act in Congress.
PFAW

Alabama's Shame Grows with Bill to Make It Harder for Gays to Marry

No one should be fooled for a moment that this has anything to do with religious liberty.
PFAW